Section 21 of theact applies the law of successionact universally to all in kenya,except for those cases where different laws are applied by the act itself or through any other written law. Learn study the knowledge of succession and teach it because i shall be taken. Jun 14, 2018 simplified resource tool on inheritance and related family law practice in kenya by june 14, 2018. We provide a full spectrum of custom software services, including web and mobile application development. Gl m ng, university of nairobi, kenya, undergraduate school of law, graduate student.
Succession is the right and transmission of the rights and obligations of the deceased to his heirs. Find more similar flip pdfs like eliud kitime, law of succession and trust in tanzania. Check pages 1 50 of eliud kitime, law of succession and trust in tanzania in the flip pdf version. The law of succession act chapter 160, laws of kenya probate and administration rules cap 160 sub leg probate and all things succession is divided into. Purpose and objectives of the study land succession which is referred to as transmission in the kenyan land act of 2012, is one of the most common methods of accessing land in kenya. There were four legislations in force governing the law of succession in kenya together with customary law. This paper can be downloaded in pdf format from ielrcs website at.
The law of succession act and the civil procedure act apply to all cases of intestate or testamentary succession in kenya. Simplified resource tool on inheritance and related family law practice in kenya 1 files 14253 downloads downloads, family court matters, high court, publications, reports, reports june 14, 2018. It exposes the substantive succession legal regime applying in kenya as well as the kenyan probate practice. The law is the rule by which such devolution occurs. Pdf law of succession book tony jimmy maganga academia. The estate would be distributed in accordance with the fixed order of priority of beneficiaries set out in the law of succession act of kenya the act. The societies act, chapter 108 of the laws of kenya 1998 the trustees perpetual succession act, chapter 164 of the laws of kenya 1981 the trustee act, chapter 167 of the laws of kenya 1929 the value added tax act act no. This act may be cited as the law of succession amendment act, 2020. The effect is that the will is not considered in the disposing of the deceaseds property. Kenya of any probate, letters of administration or any equivalent thereof in respect of the estate of a deceased person under the provisions of section 77 of the law of succession act, the public trustee may without any further formality apply to the court to seal and the court may seal. Paper presented at the law society conference, 1978 maina, w. Section 31b provides that a gift in contemplation of death would be valid if a person gives movable property not immovable which he could otherwise dispose of by will. Succession procedures under the law of succession act cap. The law of succession deals with the distribution of deceased persons estate on.
The south african law of succession prescribes the rules which determine the devolution of a persons estate after his death, and all matters incidental thereto. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application to, all cases of intestate or testamentary succession. Case reporting through kenya law reports, kenya appeal reports and kenya court of appeal decisions. This act may be cited as the law of succession act and shall come into operation on 1st july, 1981. It is also reported by ibn masud that the prophet has said. The law of succession act appears to imply that this dicta is the law in kenya as section 31 only covers moveable property. Eliud kitime, law of succession and trust in tanzania was published by eliudyasin on 20170314. Form 108 summons for confirmation of grant general form. It identifies the beneficiaries who are entitled to succeed to the deceaseds estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons for example, beneficiaries and. Apr 12, 2020 the procedure involves the executors or executrices obtain a grant of probate, which gives the executors or executrices the authority to handle any matters pertaining to estate of the deceased person in accordance with the provisions of the will and the law of succession act cap 160, laws of kenya. The law of succession applying in kenya after 1981 15. An act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased. The law of succession amendment bill, 2020 a bill for an act of parliament to amend the law of succession act. Jan 15, 2015 the woman married under customary law is regarded as a wife for succession purposes.
Law of succession act subsidiary legislation list of subsidiary legislation page 1. Infants right to probate not to be renounced on his behalf. African customary law, 6 islamic law,7 hindu law8 and the law applying to. Young legal professional scaling the field of international human rights law and practice. The kenya law of succession determines the different rights and duties that persons for example, beneficiaries and creditors may have in a deceaseds estate. The law of succession amendment bill, 2019 parliament of kenya. To require that all kenya gazette notices pertaining to succession cases be posted at the lowest local administrative level and at market centres.
The above types of succession matters are further divided into. While testate succession is primarily governed by wills and the applicable wills law, intestate succession on. Applicable lawin kenya, the applicable law with regard to issues of succession is the law of succession act, cap 160, laws of kenya, which came into force on the 1 st day of july 1981. Personal estate and succession planning in kenya africa legal. Before the coming into force of the law of succession act on 1 july 1981. This act may be cited as the law of succession act. The law of succession act is the general law of succession in kenya. This we will have to look at the history of the laws of succession in kenya in. Aug 04, 2018 of kenya stated in its 2007 responses to the cedaw committees questions, as much as the kenya law of succession act is meant to harmonize inheritance laws, in practice the transmission of land rights is largely done within customary laws which discriminate against women and children. Frequenty asked questions on succession and inheritance. Musyoka law of succession1 law of succession law of.
Laws of kenya trustees perpetual succession act chapter 164 revised edition 2012 1981 published by the national council for law reporting with the authority of the attorneygeneral. Court may require to be satisfied as to solvency of administrator. This text broadly and comprehensively covers the area of law of succession in kenya. How has customary law been recognized or applied in other areas of law, such as family law, the law of succession, the law of land tenure and natural resources, constitutional law, human rights law and criminal law, as well as the law and practice of dispute resolution in general. It is tailored specifically for the legal practitioner, the magistrate and judge, and the law student. The advent of the new constitution has brought in a new trajectory on marriage and succession. Eliud kitime, law of succession and trust in tanzania pages 1. The law of succession applying in kenya after 1981 17 3. The repugnancy exception to the application of customary law has been the focus of many high profile legal disputes concerning kenyan womens property and. Family histories and rural inheritance in kenya the web site. The main function of succession is to provide mechanisms for the transmission of property from the deceased to those who survive him. The judgment in the irene macharia petition showed the patriarchal view of interpreting the law on matters of succession. Laws of kenya law of succession act chapter 160 revised edition 2012 2010 published by the national council for. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application to, all cases of intestate or testamentary succession to.
Gender perspectives in property management and control, authorp. History of the laws of inheritance in kenya 3 precolonial kenya s laws of inheritance a african customary law b islamic law of succession c hindu law of succession d europe. Section 35 the law of succession says that notwithstanding the provisions of any other law, a woman married under a system of law which. Intestate succession through the operation of the law of intestate succession, where the deceased did not leave a will estate is intestate and is governed by the laws of intestate succession.
List of subsidiary legislation subsidiary legislation rev. Download eliud kitime, law of succession and trust in tanzania pdf for free. Testamentary succession in accordance with a will which the testator regulates the succession. It is tailored specifically for the legal practitioner, the.
An act of parliament to amend the law of succession. Where evidence of the law of a country outside kenya is required on any application for a grant, the affidavit of any person who practises, or has practised, as a barrister, solicitor, advocate or other legal practitioner in that country and who is conversant with its law may be accepted by the court unless the deponent is a person claiming to. The law governing succession in nigeria is generally headed under two broad headings, namely. Although the law of succession act constitutes the law of succession in kenya and is. Because there are four marriage systems in kenya, namely. Countryterritory kenya document type legislation date 1972 1990 source fao, faolex long title an act of parliament to amend, define and consolidate the law relating to intestate and testamentary succession and the administration of estates of deceased persons.
Most kenyan communities have customary norms that favour men over women and the kenyas constitution allows customary laws to apply to matters of personal. The reading of the laws is indicative of a combination of various beliefs and customs of the people of kenya over succession. Form 93 petition by attorney of executor for letters of administration with written will annexed, executor being absent from kenya and there being no executor within kenya willing to act. William musyoka this text broadly and comprehensively covers the area of law of succession in kenya. Pdf testate and intestate succession malcolm leroy. Succession forms kenya fill and sign printable template. Tim law of succession amendment bill, 2020 a bill for an act of parliament to amend the law of succession act. Succession law in kenya has a deep and intricate history.
The laws of succession act in kenya provides for laws relating to intestate and testamentary succession and the administration of estates of the deceased persons. W to the extent that the law of inheritance is said to constitute half the sum of ilm knowledge. The application of maleoriented customary law where inheritance is concerned, rather than the use of. Our offers cover all stages of the software development life cycle. The kenyan constitution guarantees that foreigners of different nationalities or religions are not treated differently to kenyan citizens, and foreigners can legally inherit, buy, and sell property in kenya. Gender perspectives in property management and control published in nairobi. Law applicable to succession 1 except as otherwise expressly provided in this act or by any other written law a succession to immovable property in kenya of a deceased person shall be regulated by the law of kenya, whatever the domicile of that person at the time of his death.
543 1523 1172 75 505 553 60 682 522 1222 406 1163 134 697 1663 152 1505 282 1596 826 401 120 121 601 1181 632 504